Thread by @barandbench

Delhi High Court to shortly begin hearing petitions concerning #COVID19 in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

#oxygen #COVID19India

@CMODelhi

Senior Adv Ramesh Gupta : We had a meeting with Dy CM and other officials.. he has appointed the ADM south east as nodal officer to look into the grievance of Bar Council.

#COVID19

Gupta is seeking attachment of ICU beds in a hospital for lawyers.

Gupta urges court to adjourn matter till Monday.

Court agrees.

Court to take up other #COVID19 issues in a while.

There was a Petition to open Indira Gandhi super speciality hospital in Dwarka : Adv for DCBA

It will start today evening. All of this is subject to oxygen: Senior Adv Rahul Mehra for Delhi govt.

#COVID19India

Mehra informs about the mentioning before Surpreme Court.

There should be some beds... Here all private hospitals.. : Adv YP Singh for DCBA

Let them open.. it's for COVID no : Court

Court seeks status report from Delhi govt on number of beds available for #Covid19.

This aspect to be heard on May 10.

Court hears a Petition seeking a bed for a COVID patient having lung infection and tuberculosis.

We'll take this offline. We'll try and assist him: Mehra

This is the highest we can help you: Court

Today nothing is available: Court

They went to certain hospital and money was asked : Adv

Please bring one instance...and you'll see what we do. We need to catch people like this.. Bring one instance with some evidence, audio recording, video recording: Court

On the judicial side, we yesterday that they this is right to life.. but we can't allow them to steal the march: Court

Mehra and Adv Stayakam say they are looking into it.

Petitioner's counsel is adv Atul Nagarajan.

Adv Praveen Sharma says waiting list should be updated on the bed portal.

Ambulances are standing in line.. person is just given oxygen for 10-15 mins.. and then they are sent back home : Nagarajan.

Adv Karuna Nandy: I have given a flow chart to the Amicus.. the waitlist point was very important.. given the unpredictable nature, sometimes who may be on number 10 may be bumped up ..

Nundy shares a flow chart of her suggestions, suggests a central 24 hour COVID-19 helpline.

The helpline should link the people with other portal, Nundy suggests.

Nundy suggests setting up tele consultation.

We've been collating and circulating.. (list of doctors): Amicus Rajshekhar Rao

Whatever these links may be.. someone bhas to find it if they are genuine: Court

All these suggestions just be routed through the amicus.. it becomes very difficult to respond to things unless they are proceeding in organised fashion: Mehra

This aspect has been raised repeatedly.. : Court

We are grateful for suggestions.. we are taking in pro active manner. Every day a new suggestion comes in and the old suggestion gets lost: Mehra

This aspect was raised by Justice Palli, Mr Rao.. all that we've dictated in our order: Court

Mehra says he would like to take the court through the initiatives.

Rao says Delhi govt website has improved.

Website will take some time. We've take care of oxygen.. tele consultation is at two aspects.. GNCTD order has 44 doctors around the clock. They are working in shifts.. it is work in progress: Rao

Delhi govt is now answering simple questions in the form of orders .. we need to give a day or two to see reaction: Rao

1031 is the first most important thing. Lines have to go into 1000s: Rao

Mr Rao says some links are verified...they should be after they verified and certified by Mr Rao, they should be put on the website: Court

Rao says the doctor should be someone who is cognizant of Indian needs.

We have identified what steps can be taken. And we are here to offer resources : Nundy

I'll very briefly point out the suggestions: Nundy

Nundy says a short video could be made by an expert to train foreign doctors and non pulmonologists and to bring them on the same page for tele consultation.

Nundy suggests a basic COVID 19 kit could be distributed containing paracetamol, sanitizer, oxymeter, a chart, N95 mask.

Nundy suggests oxygen concentrators for pool use could be bar coded/tagged

Everything needs to be linked to one helpline and to the website: Nundy

Nundy says a commitee be set up to look into issues like medicine prescription.

We are not creating any committee. ICMR is doing its job.. this is something that has to be addressed on those platforms. We are not experts. We're not going ot create a parallel body : Court

Everyone is the Delhi govt is working very hard .. we have very limited hours.. we are eager to bring all the resources : Nundy

It should be routed through him : Court

Oxygen is not seemingly available.. focus should be on Nursing Homes and individuals. We are working on it. Geo tagging is long term. On beds.. we spoke to a tech company. Google is ready to help. We connected them to Delhi Govt : Rao

They need credible data from credible source. Mr Mehra is on it : Rao

Just educative information needs to go out.. it's not just about infrastructure.. a huge section of Senior citizens live alone. These are the sectors: Rao

Status report shows there is movement. It is incredible to see the suggestions..any idea that has to be implemented has to be given 2 days...sos have reduced. We have to find a way to deal with that. Mr Mehra should be given some time : Rao

There has to be a little more transperancy.. a tweet gets flagged and beds are given. There has to be some priority.. hospitals need to be sensitised : Rao as he says that there are people outside hospitals waiting for beds.

Nagarajan says awareness should be spread through police.

We are trying to see how much RWAs can be included in the process: Rao

Adv Aditya N Prasad: Doordarshan yesterday said that 500 bed hospital in Patna was set up by Army

They said they cannot deploy: Parsad

They said they are doing enough.. let's not take it further: Court

900 beds they are adding in Delhi : Adv Nidhi Mohan

If this spreads to the armed forces, do you see the problem they would land up in. Army has to be in readiness to discharge the duties they are raised for. Let's not press beyond a point : Court

We've passed order on security by CISF. All those reports have to come : Court

Compliance has come: Mohan

We need to on a day just take stock of orders rather than starting.. otherwise we will keep floating ideas : Court

Rao says a chart on compliances has been given.

There is substantial movement.. on ICMR aspect, something has been done..: Rao

Monday we fix only for compliance? : Court

Rao says it would give two more days for updating.

Mehra says the next two days should be only for seeing what has been done till now.

Mr Rao can update the list: Court

We're getting a lot of old wine new bottle suggestions. Don't just offer a suggestion, offer a solution as well : Rao

Court says suggestions shouldn't he made unless a counsel has read all the orders.

Logically and out of practical experience, oxymeter are supplied by Delhi govt when you turn positive.. when my son tested positive, when the report was given.. Delhi govt came to know about it, the marshalls asked about the parameters of my son.. : Mehra

It was to the extent that I had to ask them to stop hounding me : Mehra

This is not happening this year : Court

We are not saying you are lying.. last year it was happening : Justice Sanghi

Mehra says the experience is from March 2021.

I'm not again the entire city is having the same experience: Mehra

On the day everything becomes okay, they came and took back the oxymeter.. these are good measures that were there : Mehra

The system is in place and someone thought if it. And that person should be followed up. Now because of sheer numbers, it is not happening.. it's a waste of your resource (multiple calls): Court

When you send an oxymeter, you can also send basic medicines: Court

You distribute ration, that is the strata we are looking at : Court

Mehra says it would ensure that the person gets an authentic, working oxymeter.

It's not that every piece is tested.. you may land up with a bad piece: Court

Court suggests giving steamer as well to strata availing PDS, or is BPL etc.

You could also include senior citizens living alone, physically handicapped : Court

Mehra shares another personal experience.

The lady called up the radha swami satsang..they provide they basic food at door step.. they called the helpline and to their utter surprised, a young girl driving an Audi came down to the house, kept the food at the doorstep.. this is how out society works.. : Mehra

This is the beauty of India. The young girl put her life to risk...: Mehra

Many a times govt, systems fail.. but India goes on.. there's so much goodness in out country.. this is because of that that the fabric remains intact: Mehra

Mehra informs about an order passed by LG allowing RWAs to set up all bed facilities.

Mehra takes the court through the documents submitted by Delhi govt, says tele consultation has begun for COVID19.

It is for home isolated, mild or asymptomatic patients, informs Mehra

We have a small pool of 44. We are going to augment our resource and add on : Mehra

Doctors who have COVID19 but are asymptomatic can also be roped in as per their convenience, says Mehra.

Doctors in quarantine can also be involved: Mehra

Mehra continues to read the document.

Why do you need to.. why don't you make a public appeal.. doctors who are confined to home and have the qualification.. if you are willing to offer services, send an SMS. I'm sure you will be flooded: Court

Like Mr Rao was flooded.. you don't have to create a system for payment. That's the spirit with which people work.. if they are willing to assist doctors in hospitals, then you pay : Court

Mehra says he would take the suggestion back.

That process is on ...to collect info on as many doctors: adv Stayakam

Mehra reads another document on constitution of HR cell for recruitment of manpower.

We'll update what has now transpired : Mehra

Delhi Medical Council has also been approached: Mehra

All that was suggested.. we are trying to comply with the directions: Mehra

This will all be available on 1031?: Court

Yes. We will have about 50 hunting lines. We're trying 100 : Mehta

50 is completely abysmal. Even 100 is less.. 101th person will have to wait...this is something that I can tell you.. 100s and 100s of people were logging in (in Dr KK Agarwal's zoom OPD): Court

Every patient will take some time.. one doctor will take 6-7 patients: Court

Mehra says he would take back the suggestion to the government.

Mehra says perhaps shifts may also be required.

Let us re work this : Mehra

If I call on a number, I'm connected to doctor A...the person should go back to the same doctor tomorrow: Court

We'll go back and come back: Mehra

Stayakam and Mehra inform that all suggestions are out in a WhatsApp Group of officers as soon as they are made.

It's not necessary that we think is the right thing.. The concerned person may have a perfectly right answer: Court

Mehra comes to the issue of PSA plants.

4 out of 8 are operational.. one will be done on 9th. For 2 we are not sure.. : counsel inform.

Mehra says air compressors should be expedited for the plants to be made operational.

Mehra says plants are being sourced by Delhi govt through donation and total capacity is 43MT.

There are many others in pipeline.. that will happen next month or later : Mehra

Destination of the plant has been decided, says Mehra

Court asks centre to come back on when air compressor would be given.

There are seven more plants by DRDO and HLL. We'll get back : Mohan

Was there a crisis yesterday? : Court

No, no. Now we have to see how to bring every Hospital in fold and citizens at home.. there will be meeting between Chief Secretary and Secretary, Home Ministry: Mehra

#Oxygen

Mehra says now the issue is of cylinders.

Mehra urges court to pass an order on procurement of cylinders by centre.

Rao suggests that time till Monday be given to centre and Delhi govt to work it out amongst themselves first as the letter was written only yesterday.

We are trying to import cylinders as well: Mehra

We have initiated dialogue with Inox.. they have two 50MT stationary storage tankers. Commericals are almost finalised.. : Mehra

If Inox has the 200 MT as well, we are willing to take that on commerical terms: Mehra

ASG Chetan Sharma informs that a nodal officer has been appointed by the Armed Forces.

Nodal officer has been appointed for coordination with Delhi govt on COVID-19 assistance such as installation of cryogenic tankers for storage and transportation: ASG Sharma reads a communication

That's good development: Court

What would be the mode of payment for poor who need cylinders: Senior Adv Nitya Ramakrishnan

Mehra says he would get back on the query.

Oxygen cylinders are in finite quantity.. every state including Delhi.. people have hoarded cylinders : Mehra

What about cylinder banks: Court

It's critical to have cylinders to give oxygen to people at home : Mehra

We have only 20 cylinders per district and we need a sizeable number.. there has been a shift.. : Mehra

Mehra informs that efforts are being taken to geo tagging cylinders with dealers.

Delhi donation link is also open: Mehra

20 is too little va number. If we start doing this, we may have 1000s of people coming and then shutting it down. We should at least have 500 per district: Mehra

Even 500 would fall short: Court

Just to go live.. and then build up : Mehra

Stayakam says 3-4k would be needed.

Supply and demand is so mismatched..it all depends on the number of cylinders : Mehra

Court says an appeal has to be made to public, RWA could be roped in to encourage people.

Else it would remain a dead asset : Court

Mehra people who surrender cylinders would be kept on priority list whenever they need a cylinder.

It is part of order : Mehra

Distribution responsibility of 20 cylinders is given to the District Magistrate: Mehra

We will decentralise it.. we will see if number is substantial with dealers (LPG dealers need not be roped in) : Mehra

We are talking of a third wave coming in in October: Court

Hopefully we will put everything in place : Mehra

Justice Palli says people getting oxygen related equipment delivered as being stopped.

We'll look into it : Mehra

Ramakrishnan says there should be speedy clearance on customs.

Specific instances should be brought be notice: Central Government counsel Amit Mahajan

Right now no individual has come with cylinders: Stayakam

Where is the appeal? : Court

We have to put this appeal.. once we have some buffer stock : Mehra

Mehra says order has been passed on overcharging by ambulances.

We have capped prices. In case you are found, strict action would be taken. Hopefully people would rise up to the ocassion: Mehra

Prasad says the order is by CAT which has no basis in law.

If any Prosecution has to be done, it can be done under 188 IPC.. after an officer makes a complaint to the court : Prasad

CAT has no power to issue the order : Prasad.

We will examine it. My officers believe it is the right order: Mehra

Stayakam says the order is by Special Secretary who is also holding the post in CATs.

If required we will come back with a fresh one : Mehra

Adv Abhay Gupta raises issue of overcharging for beds.

I wanted Delhi govt to look at it once : Rao

We've requester Delhi govt to look into it. Hospitals have COVID packages but people are being charged for bipap etc : Rao

Circular capped the price at 18k per day.. they charging 60k per day. Situation is that immediate order is required.. I can show bills where they are charging for oxygen, gloves, bipap: Gupta

The order was passed in June last year.

Rao says the order was 60% of the beds.

We don't know.. there is a flexibility: Rao

This is June 20, 2020. Situation is drastically different.. you need to revisit it.. today in 18k, the hospital would run into loss : Court to Mehra

There is such scarcity of bipap, medicine,..rate have gone up...: court

You have to revise this order. Make it more realistic: Court

You should make it uniform also.. patients A was given from 60% or remaining? : Court

We'll have a look at it : Mehra

Yes, this is something serious: Court

Mehra says the officer who passed the order on capping price of private ambulances says that he had the requisite power.

Mehra takes the court through order augmenting medical staff capacity.

How are they being implemented? : Court

We can have status report... we'll come back : Mehra

Mehra says order has been passed on fire safety issue.

The earlier order on fire safety aspect has been kept in abeyance: Mehra

Rao says inspection be carried in nursing homes that are suspected to be a fire hazard.

The problem was that where do you send patients who are on second or third floor: Court

Court suggests that the nursing homes can be stopped for admitting new patients to the second-third floor once there is discharge.

Mehra says updating portal would be a two hourly exercise.

ICU beds, ventilator would be added or has already been added : Mehra

Wait listing has issues...there are certain concerns..if my lords will want it, we will do it: Mehra

We should not in the endeavour to make the system robust do something counter productive.. the only thing is is required. It shouldn't be a meaningless exercise: Mehra

Either we make the booking through the portal... The numbers are so large that the exercise may be redundant: Court

Once oxygen comes in ..Maybe in the next 3-4 days there may be opening up. The confidence in the system would be there.. beds will be available hopefully: Mehra

Praveen Sharma: we don't know if cases of rise or decrease.. if waitlist can be uploaded on the portal, it would increase transperancy.

Sharma suggests a token system.

Admission to hospital... nobody goes unless there is an emergency.. to say you have a wait list.. it's not that if you register today, your number will come in the evening. It's a redundant exercise: Court

Nobody is going to keep waiting in these..it will add to the work : Court

People are also facing genuine problems.. there is no mechanism to tell me if there is a vacancy: Sharma

These things are best left to the doctor. You may be that number 1 on the wait list but if there's a more emergent patient.. hospitals do get back if there is a bed available.. : Prasad

It will be a counter productive thing. You can have a wait list for vaccination: Court

We will break for lunch: Court

I've escalated the matter. There's active consideration: Adv Zoheb Hussain on plea to facilitate cash payment of over 2lakh for COVID patients.

Issue notice. We'll have it tomorrow: Court

An adv mentions a petition concerning illegal hoarding of oxygen cylinders.

Oxygen is being hoarded : Adv Amit Tiwari

The person is the sitting cabinet minister: Tiwari

We would like to have the list of people... instances where hoarding is taking place..where offence has taken place after May 2, we will take contempt action: Court

We'll meet at 3:15. We'll be sitting till 4:15: Court

Bench rises.

Hearing resumes.

#DelhiHighCourt
#COVID19

Adv Hemant Singh again mentions his plea seeking a bed.

LNJP doesn't have the facility for liver.. 90% liver has been damaged : Gulati

We are in no position to issue direction that you be admitted to a particular Hospital: Court

Adv Gautam Narayan says authorities are making arrangements.

Court proceeds to other issues.

Adv Amit Tiwari: Court had asked the petitioner to approach Delhi police..in my application there is a specific instance. There is no hearsay. I will quote statements made by Delhi govt and Amicus.

People have died because of oxygen.. now we have to take precautions and build up a mechanism .. Tiwari

It was an admitted case here today that there is hoarding: Tiwari

Govt has appealed, the court has appealed.. now we have to shift the gear : Tiwari

This is a Facebook post from a verified account.. AAP Delhi.. : Tiwari

The post refers to distribution of oxygen by Cabinet Minister Imran Hussain.

There is hoarding at the back : Tiwari

Don't dramatise it. Come to the point : Court

There has to be action: Tiwari

First we have to see where is he getting it from.. he may be getting from Faridabad..you can't really have a problem. Even Gurudwaras are doing it : Court

If he's not eating away from the allocated source... He has arranged his own cylinder. He are not here for an inquiry: Court

The pictures don't know hoarders.. people have standing in line.. some are taking it there : Court

If there is veracity, he should go to the local police. If there is any veracity, strictest possible action would be taken irrespective of who it is : Mehra

Whether it is Mr Gautam Gambhir or Imran Hussain..Names don't matter, party doens't matter. I'm very clear : Mehra

Court says there would be contempt action by it too if any violation is found.

Adv Virag Gupta makes submissions on behalf of another Petitioner who has raised similar concern with respect to hoarding by political leaders.

They are getting it because if govt contact.. kindly allow my impleadment of Delhi police: Gupta

Court dictates order.

Issue notice. Notice be issued to Imran Hussain, MLA.. : Court

@AamAadmiParty

We direct Mr Imran Hussain to file his reply to application by tomorrow. We shall remain present in the hearing tomorrow: Court

@AamAadmiParty @CMODelhi

He shall*

Court says impleadment application by Gupta is not on record.

We'll take it on 17th : Court

Adv Sanjeev Sagar refers to TOI report on an oxygen concentrator racket being run in the city and seizure of 419 oxygen concentrators.

The report contains many names. Let contempt notice be issued.. a message should go : Sagar

You bring this on record: Court

Mehra: We are seeing how tankers are not coming from Rajasthan.. they have now.. gps tags from two tankers were removed.

These tankers belong to Inox? : Court

Yes : Mehra

Mehra takes the court through a letter in this regard.

Three devices were removed unauthorisedly: Mehra as he takes the court through the letter.

We detected one tanker in Rajasthan. We brought it to the notice of Inox. They forcefully remove the gps...this is no way : Mehra

Mehra says the whole information regarding the supply should be given to them.

Inox is diverting Delhi tankers elsewhere. Then he is not able to bring it back : Mehra

There must be a glitch in the system: Adv Aseem Chaturvedi for Inox.

The court on three occasions brought it to the occasion that bring the four tankers back : Mehra

Those four tankers, State of Rajasthan is not releasing them : Court

You informed us that Rajasthan has taken a stand that they are detaining: Court

It can't be at the cost of Delhi : Mehra

Your are getting your 700, how does it matter : Court

I bow down: Mehra

Tankers are being used actively and you are getting 700,what does Inox do : Court

I should know what is happening to my fleet : Mehra

Aseem Chaturvedi says there is a communication from Delhi govt that there is no issue from Inox's end.

This aspect.. if you had put him to notice.. : Court

We can resolve it : Chaturvedi

It is little unfair: Chaturvedi

The officer says what for one tanker, it was coming to Delhi and it was diverted: Stayakam

For others, it was glitch : Stayakam

Why was the tanker getting LMO to Delhi diverting to Rajasthan: Mehra

This is one reason why tanker shouldn't be allocated to State. We should be focusing on if we are getting the quota or not : Rao

These little things should be resolved outside : Rao

Delhi got 730 just one day : Mehra

These are things that we can resolve outside: Rao

We have already said..if the issue arises, tell them you are going to raise it.. the occasion to then raise it may not arise : Court

Let's move on. We'll look at this again: Court

We passed the order on 2nd. Cause of action for contempt (hoarding, blackmarketing) arises from 3rd : Court

98 person were arrested in 113 cases out of which 52 are for hoarding and black marketing: Mehra for period April 13 to May 3.

Mehra takes the court through his status report.

We yesterday came across that Magistrate order.. : Court

We don't have instructions: Mehra

Is our order being followed: Court

We will address it : Mehra

We said your DG health will nominate where these confiscated material will go: Court

Court seeks a report from Delhi govt on this aspect

Mehra says there is a dash board outside hospitals to give realtime updates about beds.

Is it not possible to pick up feed and relay it on website? : Court

On this dashboard very few people are working. I doubt if this would be that accurate: Mehra

It has to be thing like our display board : Rao

Like railway station.. it has to be that live: Mehra

This is an electronic board. All hospitals may not have it. We'll check on that : Mehra

Right now testing is at 65-70k.. at the best we have done a lakh. Avg is 80k. Earlier we were doing at Market places. All of that is now shut: Mehra

Tests now are better but I'm not in the position.. : Mehra

Rakesh Malhotra says position with lab testing has improved.

There is a virtual ban on second testing : Rao

Only in mild and moderate cases : Stayakam

There is the aspect of medicine and plasma bank: Mehra

So when one is left with medicines ...: Court

It is not like that..that first para is misleading: Mehra

Mehra reads a document.

We will give medicines to all.. a certain strata/EWS is taken care of : Mehra

Narayan says PSRI has been arranged for the petitoner in question.

AIIMS is showing beds.. but on phone they are denying: Gulati

If AIIMS could be arranged.. : Gulati

The data online is very misleading: Prasad

Not misleading.. the bed is there : Narayan

Mehra says there are beds lying vacant in central government hospital.

If the Amicus can look into it: Rao

The list of volunteers is with the court master: Rao

Mr Rao, would you be able to take it up with AIIMS : Court

Rao agrees.

Adv MK Gahlaut: My patient has died. The mother also passed away. One more member is on death bed. This is a contempt case.

In his Petiton, the court has ordered that all COVID patients have to be given medical treatment.

Yesterday you have taken an order from us .. : Court

I'm seeking enforcement of thr order. I'm not claiming any benefits or privileged. The executive body should be sensitised: Gahlaut

We'll deal with it on Monday : Court

Another adv mentions issue of reduced testing.

Adv Sanjoli Mehrotra presses for conducting RAT in railway stations and hospital waiting areas.

You want to test the passengers? : Court

There are a lot of staff.. policemen: Mehrotra

Mehra urges court to take up the matter on Monday instead of tomorrow (Saturday).

Hearing adjourned.